Official Statistics

Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes and stops and searches, Quarterly update to 31 December 2012, Great Britain

Published 13 June 2013

1. Summary

This release brings together statistical material relating to the Terrorism Act 2000, including arrests and their outcomes, as well as breakdowns of stops and searches made under the powers of the Act. Data presented here were submitted to the Home Office by the Association of Chief Police Officers, Crown Prosecution Service, National Offender Management Service, Scottish Prison Service and police forces in Great Britain, and cover the period up to 31 December 2012.

Headline figures from the release show that in the year ending 31 December 2012:

• There were 246 persons arrested in Great Britain for a terrorism-related offence.

• Of those arrested, 43 persons were charged for a terrorism-related offence.

• Of those arrested and charged for a terrorism-related offence, 16 were convicted and 24 were awaiting prosecution (as at 25 April 2013).

• On 31 December 2012 there were 122 persons in prison custody for terrorism-related or extremist offences in Great Britain.

• There has, as yet, been no use of new stop and search powers under section 47A of the Terrorism Act 2000 since they were formally brought into use on 18 March 2011.

• The Metropolitan Police Service conducted 614 stops and searches under section 43 of the Terrorism Act 2000 in the year ending 31 December 2012, a fall of 42% on the 1,051 in the previous year.

Further information on this release is available in the User Guide. The guide contains further information about the Terrorism Act 2000, explains categories and terminology used in this release and gives information about the data providers.

2. Arrests and outcomes

2.1 Introduction

Statistics are presented here on the number of persons arrested by police in Great Britain, where there is suspicion of involvement with terrorism (subsequently referred to as arrests for terrorism-related offences). Outcomes of these arrests are also included up to the stage of prosecution, release, or other outcome. The information presented was provided by the Association of Chief Police Officers’ Counter Terrorism Co-ordination Centre (ACTCC), based on the latest position as at the date of data provision (25 April 2013) and covers the period up to 31 December 2012.

2.2 Arrests

The relatively small numbers of terrorism arrests mean that proportionally large fluctuations in arrests can result from specific incidents or particular police operations.

In the year ending 31 December 2012, 246 persons were arrested for terrorism-related offences compared with 170 in the previous 12 months, an increase of 45%. A total of 2,360 persons have been arrested for terrorism-related offences since 11 September 2001, an annual average of 208 persons per year (between 11 September 2001 and 30 September 2012).

The proportion of terrorism-related arrests made under section 41 (s41) of the Terrorism Act 2000 (TACT) fell from 32% in the year ending 31 December 2011 to 20% in the year ending 31 December 2012. Since 11 September 2001, 69% of terrorism-related arrests have been made under s41 of TACT.

Persons arrested for terrorism-related offences by type of arrest and quarter

Source: Home Office, Data table A.01.

2.3 Pre-charge detention under section 41 of the Terrorism Act 2000

When there is suspicion of involvement with terrorism-related activity, the police have the option of arresting a person under s41 of TACT, which allows detention for up to 14 days (as opposed to the maximum 4 days allowed under the Police and Criminal Evidence Act (PACE) 1984). The maximum detention period allowed under s41 of TACT has varied in recent years; further information can be found in the User Guide.

Of the 49 persons arrested under s41 of TACT in the year ending 31 December 2012, 45 (92%) were held in pre-charge detention for 7 or fewer days.

2.4 Charges and charging rates

Of the 246 persons arrested in the year ending 31 December 2012, 100 (41%) were charged, a slightly higher proportion than the 65 out of 170 (38%) in the previous 12 months. The charging rate in the year ending 31 December 2012 was slightly higher than the overall rate since 11 September 2001, with 866 persons charged out of 2,360 arrested (37%).

Of the 100 persons charged in the year ending 31 December 2012, 43 (43%) were charged for terrorism-related offences, the remaining 57 persons (57%) were charged for non terrorism-related offences. The proportion of charges that were terrorism-related in the year ending 31 December 2012 was lower than the previous year (62%). The proportion since 11 September 2001 was 60%.

Number of charges resulting from terrorism-related arrests, by quarter

Chart notes

Source: Home Office, Data table A.02.

2.5 Other outcomes of arrests

Of the 246 persons arrested in the year ending 31 December 2012, 107 (43%) were released without charge and 39 (16%) dealt with by alternative action. For the 170 persons arrested in the previous year the numbers and proportions were: 97 (57%) released without charge and 8 (5%) dealt with by alternative action.

Outcomes for persons arrested for terrorism-related offences between 11 September 2001 and 31 December 2012

Chart notes

Source: Home Office, Data table A.03.

2.6 Court outcomes

Due to the complex nature of terrorism investigations, a trial may take place some time after an arrest or charge takes place. As a result, outcomes data relating to persons arrested in the year ending 31 December 2012 should be interpreted with caution.

For persons arrested in the year ending 31 December 2012, more than half of the persons charged (56%) were awaiting prosecution at the time of data provision for this release. Trials were completed for 18 persons; 16 were convicted and 2 found not guilty. However, the proportion of persons convicted is likely to change as court proceedings are concluded for all persons arrested and charged during the year.

The previous year therefore provides a better indicator of recent conviction rates, as a higher proportion of cases have concluded. For persons arrested in the year ending 31 December 2011, the trials of 28 persons had been completed as at 25 April 2013; 24 of these were convicted and 4 found not guilty. A further 8 persons were awaiting trial.

Since 11 September 2001, of the 520 persons charged for terrorism-related offences, 318 (61%) have been convicted.

2.7 Data tables

Data on persons arrested for terrorism-related offences, and the resulting charges and other outcomes, can be found in Data tables A.01 to A.07.

2.8 Data quality and interpreting the figures

In line with the normal procedures for criminal justice statistics, and in order to present an accurate count of the number of persons arrested and charged, data in part 2 (arrests and outcomes) are presented on a principal offence basis. This means that, when a person is arrested or charged for multiple offences at the same time, the most serious offence is the one counted in these data. If a person arrested or charged is subsequently arrested on another occasion for a different offence, the additional arrest will also be counted in the data.

Due to the complex nature of terrorism investigations, a trial may take place several years after an arrest or charge takes place. Trials completed in 2012 can relate to arrests made in 2011 or earlier. Since the data on arrests and outcomes presented here are based on time of arrest and court proceedings data presented in part 3 (court proceedings) are based on time of trial outcome, data drawn from both may not be directly comparable.

The data presented are based on the position as at 25 April 2013, when case information was provided to the Home Office by ACTCC. As cases progress over time, outcomes can change and therefore figures for quarters previously published may be updated in this release.

3. Court proceedings

3.1 Introduction

Statistics are presented here on the number of defendants tried by the Crown Prosecution Service Counter Terrorism Division (CPS CTD) between 1 October 2010 and 31 December 2012. Data shown here are based on final trial outcomes for each defendant (ie when all proceedings in each case are concluded), and are presented on the principal, or most serious, offence basis. Results of partially-completed trials are not included.

3.2 Key facts

Court proceedings for 31 defendants dealt with by CPS CTD were concluded in the year ending 31 December 2012, with 26 convicted. Trials for 13 defendants were concluded in the previous year, 8 of which resulted in conviction.

Each of the 26 defendants convicted in the year ending 31 December 2012 received custodial sentences.

Twenty-four of the 26 defendants convicted in the year ending 31 December 2012 had pleaded guilty, compared with 2 of the 8 defendants in the previous 12 months.

3.3 Data tables

Data on court proceedings dealt with by CPS CTD can be found in Data tables C.01 and C.02.

3.4 Data quality and interpreting the figures

In line with the normal procedures for criminal justice statistics, and in order to present an accurate count of the number of persons dealt with by CPS CTD, data in part 3 (court proceedings) are presented on a principal offence basis. This means that, when a person is proceeded against for multiple offences at the same time, the most serious offence is the one counted in these data. If a person is subsequently proceeded against on another occasion for a different offence, the additional case will also be included in the dataset.

Due to the complex nature of terrorism investigations, trials may take place several years after an arrest or charge takes place. Trials completed in 2012 can relate to arrests made in 2011 or earlier. Since the approach used in part 2 (arrests) is based on time of arrest and the approach used here is based on time of trial outcome, data drawn from both may not be directly comparable.

4. Terrorist and extremist prisoners

4.1 Introduction

Data presented here are provided by the National Offender Management Service and Scottish Prison Service, and show the number of persons who were in prison custody for terrorism-related offences and the number of domestic extremist prisoners in Great Britain at the end of each quarter from 31 December 2010 to 31 December 2012. Data on prisoners released between 1 October 2010 and 31 December 2012 are also included.

4.2 Key facts

There were 99 persons in prison for terrorism-related offences on 31 December 2012. Additionally, there were 22 prisoners in custody who were classified as domestic extremists/separatists and one historic terrorist prisoner (convicted prior to current terrorism legislation which came into force in 2001).

In the year ending 31 December 2012, 32 prisoners being held for terrorism- or domestic extremism-related offences were discharged from prison.

4.3 Data tables

Data on persons in prison custody can be found in Data tables P.01 and P.02.

4.4 Data quality and interpreting the figures

Data presented here on terrorist and extremist prisoners include persons held on remand as well as those held after conviction and/or sentencing.

These data also include prisoners for historic terrorism cases originating from before 11 September 2001, who are not included in the arrests and outcomes data presented in Tables A.01 to A.07 or the court proceedings data shown in Tables C.01 and C.02.

5. Stops and searches

5.1 Introduction

Statistics are presented here on the use of certain stop and search procedures available to police under the Terrorism Act 2000 (TACT).

Section 47A (s47A) of TACT allows the police to stop and search persons in order to prevent acts of terrorism, without reasonable suspicion of their involvement in terrorism. Searches under this power may only be authorised in a specific area for a defined period where the police reasonably suspect an act of terrorism will take place. On 18 March 2011, s47A stop and search powers formally replaced stop and search powers under section 44 of TACT. There has, as yet, been no use of stop and search powers under s47A in Great Britain.

Also available to the police are powers of stop and search under section 43 (s43) of TACT, where an officer does not need an authorisation as under s47A, but instead must have reasonable suspicion that the person is involved in terrorism-related activity. Data on searches under these powers presented here cover the Metropolitan Police Service area only.

Information on the legislative background to these powers can be found in the User Guide.

5.2 Stops and searches under section 43 of the Terrorism Act 2000

A total of 614 persons were stopped and searched under s43 of TACT by the Metropolitan Police Service in the year ending 31 December 2012, down from 1,051 in the previous 12 months, a fall of 42%. The total of 88 persons searched in the October to December 2012 quarter compares with 355 searches in the same quarter in 2010, a fall of just over three-quarters over the 2 years.

Of the 614 searches made in the year ending 31 December 2012, 35 (6%) resulted in arrest.

Stops and searches of persons by the Metropolitan Police Service under s43 of the Terrorism Act 2000, and resultant arrests

Chart notes

Source: Home Office, Data table S.01.

5.3 Section 43 searches by self-defined ethnicity

Police ask persons being stopped and searched to define their ethnicity. For the purposes of this analysis, ethnicities are grouped into 6 main categories: White; Black (or Black British); Asian (or Asian British); Chinese or Other; Mixed; and, not stated.

Of the 614 persons searched under s43 of TACT in the year ending 31 December 2012, the highest proportions defined themselves as White (39%) and Asian (31%), followed by Black (12%), Chinese or Other (7%) and Mixed (3%). Eight per cent of those stopped and searched did not state their ethnicity.

The proportion of persons searched under s43 of TACT in the year ending 31 December 2012 who defined themselves as White was 4 percentage points higher than the previous year. The proportion who defined themselves as Black also increased, by 3 percentage points, while there were decreases in the proportion who self-defined as Asian and Chinese or Other; both fell, by 6 and 2 percentage points respectively.

Number of section 43 searches conducted by the Metropolitan Police Service in the year ending 31 December 2012, by self-defined ethnicity

Chart notes

Source: Home Office, Data table S.02.

5.4 Data tables

Data on stops and searches can be found in Data tables S.01 to S.03.